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CIRCULAR No. 1/TTLB OF MARCH 31, 1997 GUIDING THE STATISTICAL WORK OF THE ENTERPRISES WITH FOREIGN DIRECT INVESTMENT CAPITAL AND THE FOREIGN PARTIES TO BUSINESS COOPERATION CONTRACTS

Pursuant to the Law on Foreign Investment in Vietnam of November 12, 1996;

Pursuant to the Ordinance on Accounting and Statistics of May 10, 1988;

Pursuant to Decree No.12-CP of February 18, 1997 stipulating in details the implementation of the Law on Foreign Investment in Vietnam;

The General Department of Statistics and the Ministry of Planning and Investment provide the following guidance on the implementation of statistical work of the enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts:

I. SUBJECTS OF IMPLEMENTATION

All joint venture enterprises, enterprises with 100% of foreign capital (hereafter commonly referred to as the enterprises with foreign direct investment capital) and the foreign parties to business cooperation contracts under the Law on Foreign Investment in Vietnam shall have to implement the regulations on the statistical work issued by the General Department of Statistics and the Ministry of Planning and Investment or by ministries, branches and the People?s Committees of the provinces and cities directly under the Central Government with the written consent from the General Department of Statistics and the Ministry of Planning and Investment.

In case of business cooperation contracts involving various foreign parties, the parties shall unanimously appoint a foreign party as representative to conduct the statistical work, while the other parties shall have to provide information for such representative party.

II. THE CONTENT OF STATISTICAL WORK

The periodical statistical reports and statistical surveys (hereafter commonly referred to as statistical reports) applicable to the enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts shall be made uniformly throughout the country in terms of:

- The forms, date of sending, the report-receiving agencies;

- The methods for calculating norms, calculation units;

- Reporting periods.

The statistical figures included in the reports of the enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts shall be used as documents with legal validity for evaluating their production and business efficiency, and the fulfillment of their obligations as prescribed in the investment licenses. The statistical reports must be fully made with the norms calculated in strict compliance with the prescribed contents and methods and be submitted within the prescribed time limit.

III. THE REGIME OF PERIODICAL STATISTICAL REPORTING

The regime of periodical statistical reporting applicable to enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts issued together with this Circular takes effect from April 1st, 1997 and replaces the regime of statistical reporting issued together with Decision No.127-QD/LB of November 30, 1993 of the General Department of Statistics and the State Committee for Cooperation and Investment and the statistical report forms included in Appendix No.7 issued together with Circular No.215/UB-LXT of February 8, 1995 of the State Committee for Cooperation and Investment.

1. Types of reports and date of submitting reports:

The system of report forms includes:

- Form No.01A/DTNN: The monthly report shall be applicable to January, February, March, April, May, July, August, September, October and November; the monthly report shall be submitted on the 10th day of the subsequent month.

- Form No.01B/DTNN and one or a number of forms from No.02A/DTNN to No.02G/DTNN (depending on the speciality of each project): The first-six-month report and the annual report. The first-six-month report shall be submitted on July 15th each year; the annual report shall be submitted on February 10th of the subsequent year.

With regard to the 1996 reports, the enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts shall comply with the forms of the annual reports provided for in this Circular; the reports shall be submitted on April 30, 1997.

Figures stated in the annual report must officially reflect the production and business results of the enterprise in the year. In cases where the figures included in the annual reports are at variance with those included in the annual final accounts certified by an audit agency, the report-receiving agency shall automatically readjust such figures according to the auditing results.

2. The report-receiving agency:

All enterprises with foreign direct investment capital and foreign parties to business cooperation contracts shall submit their reports to the Ministry of Planning and Investment, the Department of Statistics and Services of Planning and Investment of the provinces and cities directly under the Central Government, where their head offices are located. Particularly, direct export-import reports shall also be submitted to the Ministry of Trade.

This Circular stipulates that the enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts submit their statistical reports to the State management agencies. That the parent companies or corporations in Vietnam or foreign countries request the enterprises to report is their internal production and business relations, which shall not fall within the scope of regulation of this Circular.

IV. EXAMINATION AND HANDLING OF VIOLATIONS

The functional departments of the General Department of Statistics and the Ministry of Planning and Investment, the Directors of Services of Planning and Investment and the Directors of Departments of Statistics of the provinces and cities directly under the Central Government shall disseminate, monitor and examine the implementation of this Circular.

Once every six months, the Directors of the Services of Planning and Investment shall, together with the Directors of Departments of Statistics of the provinces and cities, notify in writing the enterprises with foreign direct investment capital and the foreign parties to business cooperation contracts in their respective provinces and cities of the implementation of the regime of statistical reporting (in respect of the time limit, authenticity of the reported figures,...), and at the same time report it to the Ministry of Planning and Investment and the General Department of Statistics.

If agencies performing the function of examination detect violations, they must promptly handle them within their respective competence. In cases where the violations are beyond their competence they must report them to the higher-level management agency.

For the Minister of Planning and Investment

Vice Minister

NGUYEN NHAC

The General Department of Statistics

General Director

LE VAN TOAN